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so construeil as lo excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.

XXXIX. And whereas the minisiers of the gospel are, by their Noministe or priest to hold

profession, dedicated to the service of God and the cure of souls, and any office. ought not 10 le diverted from the great duties of their function ;

therefore, no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any prutence or de. scription whatever, be eligible to or capable of holding, any civil or

military office or place within this state. Milita.

XL. And whereas it is of the utmost importance to the safety of every stalc, that it should always be in a condition of detence; and it is the duty of every nian who enjoys the protection of society, to be prepared and willing to detind it ; this convention, therefore, in the name, and by the authority of the good people of this state, DOTU ORDAIS, DETERMINE ANI DECLARE, That the militia of this state, at all timncs hereafier, as well in peace as in war, shall be arm. ed and disciplined, and in readiness for service. That all such of the inhabitants of this stale (peing of the people called Qurakers) as from scruples of conscience, may be averse to the bearing of arms, be therefrom excused loy the legislature, and do pay to the stale such sums of money, in lieu of their personal service, as the same may, in

the judgment of the legislature, be worth : And that a proper ma. Magazines, gazine of warlıke stores proportionate to the number of inhabitants,

be, forever bereafter, at the expense of this state, and by acts of the legislature, established, maintained, and continued, in every county in this state.

XLI. And this convention doth further ordaix, NETENMINE AND

DECLARE, in the name, and by the authoriiy of the good people of Trial by Jury. this state, that trial by jury, in all cases, in which it hath hereinfore

been insed in the colony of New-York, shall be established, and re. main inviolate forever : And that no acts of attainder shall be passed hy the legislature of this state, for crimes other than those commillel before the termination of the present war ; and that such acis shall not work a corruption of blood. And further, that the legislature of this state shall, at no time hereafter, institute any new court or courts, but such as shall proceed according to the course of the common law.

XLII. And this convention doth further, in the name and hy the Naturalization.

authority of the good people of this state, ORDAIN, DETERMINE AND
DECLARE, That it shall be in the discretion of the legislature to na-
turalize all such persons, and in such manner, as they shall think
proper ; provided all such of the persons so 10 be by ihem natural.
ized, as being born in parts beyonc sea, and out of the United States
of America, shall come to settle in, and become subjects of this
state, sliall take an oath of allegiance to this state, and abjure and
renounce all allegiance and subjection to all and every foreign king,
prince, potentate, and state, in all matters, ecclesiastical as well as
civil.
By order :

LEONARD GANSEVOORT, Pres. pro !em.

New courts.

AMENDMENTS.
In Convention of the Delegates of the State of New York.

ALBANY, OCTOBER 27, 1801. WHEREAS the legislature of this state, by their act passed ilie sixth day of April last, did propose to the citizens of this state lo elect by ballot delegates to meet in convention, " for the purpose of " considering the parts of the constitution of this state, respecting " the number of senators and members of assembly in this state, “and with power to reduce and limit the number of them as the said

'Preambic

and never
ceed 150.

ti convention might deem proper ; and also for the purpose of con"sidering and determining the true construction of the iwenty-third "article of the constitution of this state relative to the right of no. "mination to office."

And whereas the people of this state have elected the members of this convention for ihe purpose above expressed ; and this conven. tion having maturely considered the subject thus submitted to their determination, do, in the name and by the authority of the people of this state, ondAIX, DETERMINE AND DECLARE :

1. That the number of the members of the assembly hereafter to Members of Asbe elected, shall be one hundred, and shall never exceed one bun- semboly to be 100 dred and fifty. II. That thic legislature at their next session, shall apportion the

To be appor said one hundred members of the assembly among the several coun.

tioned by the ties of this state, as nearly as may be, according to the number of

Legislature. electors which shall be found to be in each county by the census directed to be taken in the present year.

III. That from the first Monday in July next, the number of the Number of Sensenators sball be permanently thiriy.iwo, and that the present num- ators reduced to ber of seirators shall be reduced to thirty-two in the following man. 3.2, and the minna

of reducing hier, that is to say : -The seats of the eleven senators composing the first class, whose time of service will expire on the first Monday in July next, shall not be filled up: and out of the second class the seats of one senator from the middle district, and of one senator from the southern district, shall be vacated by the senators of those dis. tricts belonging to that class, casting lots among themselves; out of the third class the seats of two senators from the middle district, and of one senator from the eastern district, shall be vacated in the same manner ; out of the fourth class the seals of one senator from the middle district, of one senator from the eastern district, and of one senator from the western district, shall be vacated in the same manner ; and if any of the said classes shall neglect to cast lots, the senate shall in such case proceed to cast lots for such class or classes so neglecting And that eight senators shall be chosen at the next election in such districts as the legislature shall direct, for the purpose of apporlioning the whole number of senators amongst the four great districts of this state, as nearly as may be, according to the’number of electors qualified to vote for senators, whicli shall be found to be in each of the said districts by the census above mentioned ; which eight senators so to be chosen shall form the first class.

IV. That from the first Monday in July next, and on the return of Mode of inevery .census thereafter, the number of the assembly shall be increasing the As. creased at the rate of two members for every year, until the whole sembly till it number shall amount to one hundred and fifty: and that upon the anul the Legislareturn of every such census, the legislature shall apportion the sena- ture to appor. lors and members of the assembly amongst the great districts and and Assemblycounties of this state, as nearly as may be, according to the number men. of thcir respective electors : Provided, That the legislature shall not be prohibited by any thing herein contained, from allowing one member of assembly to cach county, heretofore crected within this state.

V. And this contention do further, in the name and by the au. True construie. thority of the people of this state, ordAIN, DETERMINE AND DE- tion of 23d are Clane, That by ile true construction of the twenty-third article of ticle of constitu

tion declared as the constitution of this state, the right to nominate all officers other to the council of than those who by the constitution are directed to be otherwise ap. appointment. pointed, is vested concurrently in the person administering the go. vernment of this state for the time being, and in each of the mem. bers of the council of appointment. By order,

A. BURR, President of the Convention,

and Delegate from Orange County. Attest,

JAMES VAX IKGET,
Josepa Cosgrast,

Secretaries.

150

tion

tors.

to vote.

arh

AN ACT
Recommending a Convention of the People of this Sluie.

Passed March 13, 1821. Duty of inspec. I.

B

E it enacted by the People of the State of New York, represented

in Senute and Assembly. That the inspectors at each poll, in the several towns and wards of this state, at the annual election, 10 be held on the last Tuesday in April next, shall provide a proper Los, to receive tic ballots of the citizens of this state, in relation 10 ihe cohvention herein after provided for. On wbich ballo's shall be written or printed, by those voters who are in favour of the proposed convention, the word Convention, and by those voters who are

opposed thereto, the words No Convention, and that all free male Persons entitled citizens of ihis state, of the age of twenty-one years or upwards,

who shall possess a freehold within this state, or who shall hare been actually rated, and paid taxes to this state, or who shall have been actually enrolled in ihe militia of this state, or in a legal volunteer or uniform corps, and shall have served therein, either as an officer or private ; or who shall bave been, or now are by law exempt from taxation, or militia duty; or who shall have been assess. ed io work on the public roads and bighways, and shall have worked thereon, or shall have paid a commutation therefor, according to law ; shall be allowed, during the three days of such election, to vote by ballot as aforesaid, in the town or ward in which they shall actually

Icside. Challenges.

II. And be it further enacteil, That it shall be lawful for either of the inspectors of such election, of his own accord, and it shall be the deity of such inspectors, when thereto required by any citizen cntitled to vole as aforesaid, to administer to any person offering to ballot as aforesaid, the following oath or affirmation : "I-do solemnly swearor :: firm, (as the case may be,) that I am a natural born, or naturalized citizen of the state of New York, or of one of the United States, (as the case may be,) of the age of twenty.one years, or upwards : that I am the owner of a freehold within this state; or that I have been actually rated and paid taxes to this state ; or that I actually have been enrollel, and have serveel in the militia of this state, or in a legal volunteer or uniform.corpe, either as an officer or private; or that I have been or now am by law exempt from 1:.xation or militia duty; or that I have been actually assessed 10 work on public roads and highways, and have worked thereon, or have paid a commutation therefor, according to law: and that I now am an actual resident and inhabitant of ilic town or ward in which I offer my ballot; and that I have not before roted and will not again vote at this election." And it is hereby declarel, that if any per. son, so being required to take the saici oath or affirmation, shall refuse to take the s.me, he shall not be allowed to vole at such elcc. tion, until he shall take such oath or affirmation.

II. And be it further enacted, That the said election shall, in all fkction how sespecis, be conducted, and the poll lists shall be kept, in the man. con lucted.

ter prescribed by law, for the election of senators ; that the said voles shall be canvassed by the inspeciors of the sereral polls of the said election, and the returns thercof made by such inspeciors, to the elerks of the respective towns and counties, at the same time, anel in the same manner, as the canvass and return of votes for senators are by law directed to be made ; that the certificates of the returns of tie said votes, shall be recorded by the clerks of the several towns and counties, and transcripts thereot shall be certified, and be transmitted to the secretary of this state, at the same time and in the same manner, as certificates of the voles for senators, are now by law required to be recorderl, transcribed, and transmitted 10 the secreta ry of this state ; that the said transcripts received by the secretary of this state as aforesail, shall remain in his office of record, and the

votes so given, shall be canvassed at the same time, by the same
persons, and in the same manner, and the result thereof shall be
published as is prescribed by law, in relation to the election of sen.
aturs.
IV. And be it further enacted, That if it shall appear by the said

Duty of can. canvass, to be made as aforesaid, that a majority of ihe ballots or vawers, votes, given in, and returned as aforesaid, are for No Convention, then and in such case, the canvassers are hereby required to certify and declare that there shall be no further proceedings under this aci, in relation to the calling of a convention. But that if it shall appear by the said canvass, that a majority of the ballots or votes are for a Cartention, that then and in such case, the canvassers shall certify ssd declare, that a convention will be called accordingly, and that and of the soa copy of the said certificate shall be transmitted by the secretary of cretars. this state, to the sheriffs of the respective cities and counties of this state, and shall be by them published, and copies delivered to the supervisors of the several towns, within the respective counties, in the same manner as notices for the election of senators are now by lav required to be published and delivered.

V. And be it further enacted, 'That in case the said canvassers shall Delegates when certify and declare a majority of such balluts or votes to be for a and how chosene Convention, it shall and inay be lawful, and it is hereby recommend. ed to the citizens of this state, on the third Tuesday of June nest, to elect by ballot, delegates to meet in convention, for the purpose of considering the constitution of this stale, and making such alteratins in the same as they may deem proper ; and to provide the man. ber of making future amendments thereto.

VI. And be it further enacted, That the number of delegates to be Number of descchosen, shall be the same as the number of members of assembly, sales, from the respective cities and counties of this state ; and that the same qualifications for voters shall be required on the election for delegaies, as is prescribed in the first section of this act, and none ober; and that ihe oath prescribed in the second section of this act, shall be likewise taken by all the voters under this section, if requir. ed; and that all persons entitled to vote by this law for delegates, who are clishall be eligible to be elected ; and that the election for such dele- gible. gates shall be held at such places as the inspectors herein after mentinned, shall for ibat purpose notify, and shall take place on the said third Tuesday of June nest, and shall continue and be held on that when and how day, and on the two succeeding days; and that the officers in the se. to be chosen. Feral towns or wards in this state, authorised 10 act as inspectors of elections for members of assembly, and the persons who shall be appointed in Ibe several cities of this state for that purpose, shall be thic inspectors of the said election for delegates; and that the inspectors of each poll shall provide a box to receive the ballots for delegates, and shall appoint two clerks, each of whom shall keep a poll list of the electors for delegates ; and that during the said election the said boses and poll lists shall be disposed of, and kept in the manner prescribed in the “act for regulating elections ;” and that the elec. lion shall be conducted by the inspectors thereof, with the like pow. ers, and in all respects not herein otherwise provided for, as near as may be, in the manner prescribed by law, in cases of elections for members of assembly, except that none of the oaths therein men. tioned, shall be administered to any elector, and that at the final close of the poll, the ballots for delegates shall be canvassed, and disposed of, and the names of the persons voted for as delegates, and the number of votes given for each person respectively, shall be cert.fied, and the certificates thereof tiled and returned, in the manrer and at the times now directed by law, respecting votes for members of assembly ; and that the clerks of the respective towns and Duty of connig cunties of this state, shall enter of record the said certificates, in

clerks. books to be provided by them for that purpose ; and that the clerks of the respective countics shall thereupon, and within ten dny's after

such certificates shall be returned as aforesaid, calculate and ascer. lain the whole number of votes given for the respective candidates, voted for as delegates for such county; and shall determine, con. formably to the said certificates of the said inspectors, upon the person or persons duly elected by the greatest number of votes as dele. gates for such county ; which determination shall be entered of record, in the office of such clerk, and such clerk shall cause a certi. ficate of such election to be given to each person so found to be elected as a delegate, within fifteen days after such determination ; and shall also transmit a copy of such determination to the office of the secretary of this state, there to be filed and remain of record ; and that the inspectors of the said election, or the major part of them, shall give the like notice of the time and place where such election for delegates is to be held, as is directed by law to be given of the time and place of choosing members of assembly; and ihat the inspectors and clerks of the said election, sball severally (take the oath directed to be taken by the inspectors and clerks of elections, in and by the act entitled, “ An act for regulating elections," which oath, either of the said inspectors is hereby authorized to adminis. ter ; and that it shall be the duty of the proper authority of the sc. veral cities in this state, to appoint inspectors of election under this act, in the same manner as they are required by law for annual elec. tions, at least twelve days before the time appointed for holding the

election authorized by this act. Penalties for ne- VII. And be it further enacted, That if any inspector of the said hele ning nende e.False elections, or either of them, shall wilfully omit or neglect to make

returns of the said election, within the times prescribed as aforesaid, or shall wilfully make any false return, or shall wilfully make or cause to be made, any error in such returns or either of them, and if any clerk of any county shall wilfully certify falsely, the result of e:ther of the said elections, or shall wilfully make or cause to be made, any error in any transcript to be made by bim as aforesaid, or shall wilfully neglect or omit to transmit the said transcripts, within the times aforesaid, such inspector or clerk, so offending, shall be liable to inclictment and conviction for a misdemeanor, in any court of competent jurisdiction ; and upon such conviction, shall be subject io a fine not exceeding one thousand dollars, or 10 imprisonment in the county prison, not exceeding one year; and shall be disabled to hold any office of honour, trust, or protit, under the authority of this slale: And the said inspectors and clerks of elections, clerks of coun. ties, and canvassers, shall be liable, for any other m:1 and corrupt conduct in relation to the said elections, or either of them, to the pe. nalues prescribed in similar cases, in and by the “act for regulating elections," and the said officers shall be paid for their services at the said elections, or either of them, performed under this act, to the same amount, and in like manner, as they are now directed to be paid

by law, for similar services at elections for senators or members of Conrention

assembly. when to meet VIII. And be it further enacted, that the delegates so to be chosen, and compensa. shail incet in convention at the capitol, in the city of Albany, on the on, ,

last Tuesday of August next, from wbence they inay, if they think proper, adjourn to any other place; and they, and iheir attendants and officers, shall be allowed the like compensation for their travel and attendance, as the members of the legislature are allowed by law; the amount of which shall be certified by the president of the colle vention, and shall be paid by the treasurer of this state, on the war.

rant of the comptroller: and it shall be the duty of the clerks of the Duty of the se- scnate and assembly, to attend the said convention, on the opening Cittary of state thereof, and they, and the secretary of this state, shail furnish the

said convention with such papers in their possession, as the said con. venliou may deem necesssary; and the secretaries of the convention shall and may provide stationary for the use thereof, the amount of which shall be paid on the certificate of the president thereof, in like manner as the contingent expenscs of the assembly are now paid by Law.

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